Brightman v. Hicks
Massachusetts Supreme Judicial Court
Conteact. The declaration contained a count on an account annexed for labor and materials furnished on and for three light-boats ; and also a special count, which set forth that the plaintiff contracted with Stephen Andrews, then the owner of the boats, to furnish certain labor and materials on and for them, and entered upon his duty under the contract; that the defendant became interested in the boats and desirous that the plaintiff should complete the contract; that the…
Read the full summary
Conteact. The declaration contained a count on an account annexed for labor and materials furnished on and for three light-boats ; and also a special count, which set forth that the plaintiff contracted with Stephen Andrews, then the owner of the boats, to furnish certain labor and materials on and for them, and entered upon his duty under the contract; that the defendant became interested in the boats and desirous that the plaintiff should complete the contract; that the plaintiff was secured in his contract by a lien on the boats ; that Andrews became insolvent, and the defendant, for the…
1Opinion of the CourtGray, J.
The law is well settled in this Commonwealth, that, when property subject to a lien is transferred by the debtor to a third person, the latter is not liable to an action by the creditor, unless he has made a direct promise either to the debtor or the creditor to pay the debt; and that such a promise to a creditor, who neither gives up his claim against the original debtor, nor any lien upon the property, is a promise to answer for the debt of another, and must be in writing in order to satisfy the statute of frauds. Mellen v. Whipple, 1 Gray, 317. Exchange Bank v. Rice, 107 Mass. 37. Carr v.…
2Cases cited4 opinions
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- Ames v. FosterMassachusetts Supreme Judicial Court · 1871
- Furbish v. GoodnowMassachusetts Supreme Judicial Court · 1867
3Cited by30 opinions
- Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
- Ahrend v. OdiorneMassachusetts Supreme Judicial Court · 1875
- Hicks Bros. v. Swift Creek Mill Co.Supreme Court of Alabama · 1901
- Colpitts v. L. C. Fisher Co.Massachusetts Supreme Judicial Court · 1935
- Clanton v. ScruggsSupreme Court of Alabama · 1891
25 more not listed; retrieve them via the Exa API.